Ordinance 009-2008
. '.
ORDINANCE NO. 009- 2008
AN ORDINANCE MODIFYING CHAPTER 5.5, ARTICLE
III, MONROE COUNTY CODE CONCERNING W ATER-
BORNE-CRAFT, ESTABLISHING NO DISCHARGE ZONE
REGULATIONS FOR WATER-BORNE CRAFT,
PROVIDING PENALTIES FOR VIOLATIONS;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Monroe County is home to North America's only coral barrier reef, among
the most endangered coral reefs in the world due to multiple stressors including pollution from
sewage and stormwater that has caused a decline in water quality; and
WHEREAS, the reduction of water quality in Monroe County is caused in part by the
discharge of untreated or poorly treated sewage from vessels within Monroe County; and
WHEREAS, these waters are of such value that the State of Florida has designated them
as Outstanding Florida Waters and Congress has designated them as part of the Florida Keys
National Marine Sanctuary; and
WHEREAS, through the efforts of the Governor and the U.S. Environmental Protection
Agency, state waters within the boundaries of the Florida Keys National Marine Sanctuary were
established as a No Discharge Zone for boater sewage effective June 19,2002, as published in
the Federal Register at 67 FR 35735 on May 21, 2002; and
WHEREAS, the No Discharge Zone applies to untreated or treated sewage from marine
sanitation d(:vices but does not apply to gray water from showers or sinks, only sewage; and
WHEREAS, in order to comply with the No Discharge Zone, vessels should close their
through hull fittings and utilize pump-out facilities; and
WHEREAS, compliance with the Florida Keys No Discharge Zone within Monroe
County will be enhanced by the passage of an ordinance establishing that water-borne craft
comply with current U.S. Coast Guard regulations and the federal No Discharge Zone
regulations; and
WHEREAS, passage of such an ordinance will help improve water quality by providing
for an enforceable mechanism within Monroe County to implement the No Discharge Zone, and
encourage the use of certified pump out facilities by water-borne craft;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
Section 1. Chapter 5.5, Article III shall be amended by adding the following sections.
Sec. 5.5-49. No Discharge Zone Regulations.
(1) It shall be unlawful for any person to discharge treated or untreated sewage into the
jurisdictional waters of a No Discharge Zone from any water-borne craft, whether
moored, docked, in transit, or otherwise located within these waters.
(2) When operating a water-borne craft within the jurisdictional waters of the No Discharge
Zone the operator must secure any marine sanitation device in a manner which prevents
any discharge. Some acceptable methods are: padlocking overboard discharge valves in
the closed position, using non-releasable wire tie to hold overboard discharge valves in
the closed position, closing overboard discharge valves and removing the handle, locking
the door, with padlock or keylock, to the space enclosing the toilets (for Type I and Type
II Marine Sanitation Devices only).
(3) Type I and II Marine Sanitation Devices, composting toilets, electrical, or gas waste
burning toilets or similar devices are allowed, in lieu of a Type III Marine Sanitation
Device, so long as the residual waste product produced by such devices is not deposited
into state waters.
(4) If a water-borne craft, as defined herein, is not equipped with a marine sanitation device
capable of retaining sewage for pump-out, and the craft remains in the No Discharge
Zone for twenty-four (24) consecutive hours, then the owner or operator shall:
(i) Immediately install a marine sanitation device with a holding tank that
complies with Chapter 327.53 Florida Statutes; or
(ii) Berth the water-borne craft, when not in use in navigation, at a marina that has
either a pump-out facility to which the water-borne craft can establish a
dockside sewage disposal hookup or land based restroom facilities which are
available for use by the occupants of the water-borne craft.
Sec. 5.5-50 Violations.
Violations of this ordinance may be prosecuted in the same manner as misdemeanors are
prosecuted. In such cases, the violations shall be prosecuted in the name of the state in a court
having jurisdiction over misdemeanors by the prosecuting attorney thereof and upon conviction
shall be punished by a fine not to exceed $500.00 for each day of violation or by imprisonment
in the county jail not to exceed 60 days or by both such fine and imprisonment. Violations may
also be prosecuted through proceedings before the Monroe County Code Enforcement Special
Magistrate, or through any other lawfully available means including civil and injunctive relief.
., ,
Section 2. Severability.
If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the
remainder of this Ordinance shall not be affected by such invalidity.
Section 3. Repeal of Inconsistent Provisions.
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the
extent of said conflict.
Section 4. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the COlmty of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system ofthe Code.
Section 5. Effective date.
This Ordinance shall be filed with the Office of the Secretary of State of the State of Florida, and
will take effect upon receipt by that agency.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at
a regular meeting of said Board held on the 20th day of February , A.D., 2008.
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Mayor Charles "Sonny" McCoy
Mayor Pro Tern Mario DiGennaro
Commissioner George Neugent
Commissioner Dixie Spehar
Commissioner Sylvia Murphy
Yes
Yes
Yes
Yes
Yes
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~;",.':"f<~'~.~".c:..,.", .:'-~."}:;.~~~~NNY L. KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
::NROECO~ORIDA
MAYO CHAIR PERSON
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BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANT A TION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANT A TION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
March 4, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 700725600001 61070211
Dear Ms. Cloud,
Enclosed is a certified copy of Ordinance 009-2008 modifYing Chapter 5.5, Article III,
Monroe County Code concerning water-borne-craft, establishing No Discharge Zone Regulations
for waterborne craft, providing for repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on February 20, 2008. Please file for record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Via E-Mail to the following:
Growth Management
County Attorney
BOCC
MCC
File
7007 2560 0001 6107 0211
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•ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X ElAgent
• Print your name and address on the reverse 0 Addresse
so that we can return the card to you. B. Receive •t ..,•r�nteafpe)3T.„T to of Deliver
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery a. �•i t fry,'-m 1? 0 Yes
1. Article Addressed to: If YES,ente • -ry ddr=4113.,.w: ❑No
Program Administrator CLEARED
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street 3. SiceType
,
Florida 32399-0250 Certified Mail IA Express Mail
Tallahassee, o Registered 0 Return Receipt for Merchandis
❑ Insured Mail ❑C.O.D.
ly'u .A�ttA� o u g 4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number — —
(Transfer from service label) 7007 2560 0001 6107 0 211
?S Form 3811.February 2004 i ; ' 'Domestic Return Receipt 102595-02-M-15,
CHARLIE CRIST
Governor
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~LORlDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
March 6, 2008
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated March 4, 2008 and certified copy of Monroe County Ordinance No. 009-2008, which was
filed in this office on March 6, 2008.
Sincerely,
~~
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Program Administrator
DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronough Street. Tallahassee, lFlorida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.n.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
8T A TE LffiRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
5T A TE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINlSTRA TIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
Page 1 of2
Pam Hancock
From:
To:
Sent:
Subject:
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<phancock@monroe-clerk.com>
Thursday, March 06, 2008 10:07 AM
Acknowledgment of material received
This is a computer generated email, please do not reply to this message.
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle Sw. (32310)
Tallahassee, FL 32316-2235
850.576.3171
Fax: 850.575.8852
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Monroe County, FL Code of Ordinances - 1979(11270)
Supplement 96
Recorded: 2/5/2008 10:58:03 AM
We have received the foilowing material through Hard Copy/Electronic.
Document Adoption
Ordinance No. 004-2008 1/16/2008
Ordinance No. 005-2008 1/16/2008
Ordinance No. 006-2008 1/16/2008
Ordinance No. 007-2008 1/16/2008
Ordinance No. 009-2008 2/20/2008
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3/6/2008
O o® 7
_��� KEY�(DWEST STATE OF FLORIDA
,, , ITIZEN
`' I 'I COUNTY OF MONROE
The Florida Keys Only Daily Newspaper,Est 1876
Cooke Communications,LLC
Florida Keys Before the undersigned authority personally appeared Randy G. Erickson,who
Marsha F. Kirkwood on oath says that he is Vice-President of Advertising Operations of the Key West
Advertising Coordinator Citizen,a daily newspaper published in Key West,in Monroe County, Florida;
that the attach d copy of advertise ent,being a legal notice in the matter of
PO Box 1800 -�r r
Key West Fl 33041 1 /YI �L�[ t LDS
Off ice....305-292-7777
Extension x219 ///7Z"''
.7 ).4...; ri.e,d....segiAizt40.e._12
Fax 305-295-8025
lecialsla'akevsnews,com was published in said newspaper in the issue(s) of
INTERNET PUBLISHING 2- '7 Q4�
keywest.com p�� d� •
keysnews.com
floridakeys.com
key-west.com Affiant further says that the Key West Citizen is a newspaper published in Key
Web Design Services
West, in said Monroe County, Florida and that the said newspaper has heretofore
NEWSPAPERS been continuously published in said Monroe County, Florida every day, and has
The Citizen
Southernmost Flyer been entered as second-class mail matter at the post office in Key West, in said
Solares Hill
Big Pine Free Press Monroe County, Florida, for a period of 1 year next preceding the first
Marathon Free Press
publication of the attached copy of advertisement; and affiant further says that he
Islamorada Freee Press
Key Largo Free Press has neither paid nor promised any person, firm or corporation any discount,
Ocean Reef Press
Seaport Log rebate, commission or refund for the purpose of securing this advertisement for
MAGAZINE publication in the said newspaper.
The Menu •4 1
Home Guidedip
Citizen Local's Guide
Paradise
Keys IV Channel Guide mg. —/��
MARKETING SERVICES Signature of Affiant
Commercial Printing
Citizen Locals Card
Direct Mail
Sworn and subscribed before me this day of , 2008.
FLORIDA KEYS OFFICES
Printing/Main Facility
3420 Northside Drive
Key West,
33 040-1 80 0L Notary Public:
Tel 305-292-7777
Fax 305-294-0768
citizen@keywestcom Marsha F. Kirkwood z TCD _
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Internet Division
1201 White Street(Suite 103) �' -,'1 ,
Key West,FL t"n r't'I r•/
33040-3328 f`I •-- Ci.1 z-•�
Tel 305-292-1880
Fax 305-294-1699 E pires: September 15, 2009 :: ..o.c�r— Nary Seal
sales@keywest.com . • Cf�--- 7-0
^t� 1•i
Middle Keys Office y � '- z.:�.e !<� { -i
IvtARSHA F.KIRKWOOD —t - EA
6363 Overseas Hwy C)
Marathon,FL (MM 52.5) ='f'` NOta Public-State of Florida '
33050-3342 E \l, ry Cr
Tel 305-743-8766 1_• : `:`i' •_My Commission Expires Sep 15,2009 • p_, "i
N• t !!,e
Fax 305-743-9977 .;` ,, Commission#DD 472620
navigator@floridakeys.com -? ';<
Bonded By National Notary Assn.
Upper Keys Office Lam` ``
81549 Old Hwy
PO Box 469
Islamorada,FL(MM81.5)
33036-0469 '
Tel 305-664-2266
Fax 305-664-8411 Personally Known x Produced Identification
freepress @floridakeys.com
Ocean Reef Office Type of Identification Produced
3A Barracuda Lane
Key Largo,FL 33037
Tel 305-367-4911
Fax 305-367-2191
PUBLIC NOTICE
NOTICE OF INTENTION TO
CONSIDER
ADOPTION OF COUNTY
ORDINANCE
' NOTICE IS HEREBY, GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, February 20, 2008 at..'.
3:00 PM at the-Key Largo Library,
',101485 Overseas Highway, Monroe
County, Florida,the Board of County
Commissioners of Monroe County,
,Florida, intends to consider the
adoption of the following County
ordinance: •
AN ORDINANCE MODIFYING
CHAPTER 5.5,ARTICLE III,
• MONROE COUNTY CODE
CONCERNING •
• WATER-BORNE-CRAFT, •
ESTABLISHING NO DISCHARGE
ZONE REGULATIONS FOR
WATER-BORNE-CRAFT, • •
PROVIDING PENALTIES FOR
VIOLATIONS;PROVIDING FOR'
'. REPEAL OF ALL ORDINANCES'
INCONSISTENT'HEREWITH;
PROVIDING FOR
• INCORPORATION INTO THE
MONROE COUNTY CODE OF
'ORDINANCES;AND PROVIDING
FOR'AN EFFECTIVE DATE.
' Pursuant to Section,286.0105, ' •
Florida Statutes, notice is given that
if a person decided to appeal any
decision made by the•Board with
respect to'any matter.considered at
,such hearings or meetings, he will
need'a record of the proceedings, •
and that, for such purpose, he may
' need to ensure that a verbatim
record of the proceedings-.is made, . i
which record includes the testimony
' and evidence upon which the appeal •
is to be based. •
Copy of the above-referenced •
ordinance is available'for review at
'tlie Monroe County Marine, .
Resources office iri Marathon, also •
on the ' website
www.monroecounty-fl.gov. '
•
Dated at,Marathon, :Florida, this
, 30TH day of JANUARY;2008.
= ' , DANNY L.KOLHAGE,
Clerk of the Circuit Court
and
I i ex officio Clerk of the
' • .Board ofCounty
Commissioners of Monroe.
County,Florida
• • -
February 2.20.08 '
,
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•